Digital Commons Network^™

On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein

Vanderbilt Law Review

May 17, 2004 marked the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education.' This precise day also marked the sixty-first anniversary of the Supreme Court's first use of the phrase "private attorney general." For about three decades after this initial 1943 appearance, the private attorney general concept surfaced only occasionally in the legal literature. Starting in the 1970s, however, its presence became quite regular, and that regularity has escalated steadily to the present: on average, during the past fifteen years, every single workday, somewhere in the United States, some judge has written a legal opinion …

"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne

Vanderbilt Law Review

Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights, especially the six textual ideas united in the First Amendment, reveals a deep contextual structure imposed by the Founders that sheds important light on the meaning of the constitutional text. He argues that the "vertical" order of the first ten amendments, as well as the "horizontal" order of ideas within each amendment, provides important clues to a judge seeking …

Pretext, Transparency And Motive In Mass Restitution Litigation, Anthony J. Sebok

Vanderbilt Law Review

On February 23, 1993 The Washington Post published an article entitled, "Tobacco's Last Gasp? Towards a Smoke-Free Society." The article tested the hypothesis that in the near future no one would smoke in the United States. Its focus was on means: how would America reach a point when virtually no one smoked? The predictions ran the usual gamut of policy devices. Although their order of appearance may be random, the list was as follows: legal prohibitions on smoking in public, taxes, social pressure, increased health insurance costs to smokers, and (finally) litigation.

The Washington Post article noted that just one …

Laying One Bankrupt Critique To Rest: "Sosa V. Alvarez-Machain" And The Future Of International Human Rights Litigation In U.S. Courts, Ralph G. Steinhardt

Vanderbilt Law Review

In offering a form of civil redress to the victims of international human rights violations, litigation under the Alien Tort Statute ("ATS") has come to reflect in microcosm the ways that international law and practice have changed in the last half century. Specifically, the successful ATS cases since the Second Circuit's seminal decision in Fildrtiga v. Peia-Irala illustrate the blurring of certain structural distinctions that had long given international law its characteristic shape, especially the distinctions between public and private international law, between treaties and custom, between state and nonstate actors, between international and domestic law, and between lex lata …

Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser

Vanderbilt Law Review

On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.

The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Vanderbilt Law Review

It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as …

School Funding Litigation: Who's Winning The War?, John Dayton, Anne Dupre

Vanderbilt Law Review

Much is being made this year in education law circles and elsewhere about the fiftieth anniversary of Brown v. Board of Education.' The Brown decision has certainly left an indelible mark on schools and other institutions in the United States. But last year the thirtieth anniversary of another major Supreme Court opinion passed largely without comment, despite the fact that it may be the most significant decision regarding public schools since Brown. In 1973, the U.S. Supreme Court, in San Antonio Independent School District v. Rodriguez, concluded that education was not a fundamental right and that disparities in school funding …

Litigated Learning And The Limits Of Law, Michael Heise

Vanderbilt Law Review

The fiftieth anniversary of Brown v. Board of Education' certainly warrants well-deserved celebration, but not one that deflects careful analysis of its legacy. Brown's legacy and what it says about the efficacy of litigation as a vehicle to achieve social change mean different things to different people. Perspectives on what Brown "means" and what it has accomplished vary tremendously and reveal just as much about ourselves as they do about the decision itself. This ambiguity invariably muddles Brown's legacy.

I argue that Brown's legacy does not bode well for future litigation efforts seeking to enhance the equal educational opportunity doctrine, …

On Semantic Caching And Query Scheduling For Mobile Nearest-Neighbor Search, Baihua Zheng, Wang-Chien Lee, Dik Lun Lee

Research Collection School Of Computing and Information Systems

Location-based services have received increasing attention in recent years. In this paper, we address the performance issues of mobile nearest-neighbor search, in which the mobile user issues a query to retrieve stationary service objects nearest to him/her. An index based on Voronoi Diagram is used in the server to support such a search, while a semantic cache is proposed to enhance the access efficiency of the service. Cache replacement policies tailored for the proposed semantic cache are examined. Moreover, several query scheduling policies are proposed to address the inter-cell roaming issues in multi-cell environments. Simulations are conducted to evaluate the …

The D-Tree: An Index Structure For Planar Point Queries Location-Based Wireless Services, Jianliang Xu, Baihua Zheng, Wang-Chien Lee, Dik Lun Lee

Research Collection School Of Computing and Information Systems

Location-based services (LBSs), considered as a killer application in the wireless data market, provide information based on locations specified in the queries. In this paper, we examine the indexing issue for querying location-dependent data in wireless LBSs; in particular, we focus on an important class of queries, planar point queries. To address the issues of responsiveness, energy consumption, and bandwidth contention in wireless communications, an index has to minimize the search time and maintain a small storage overhead. It is shown that the traditional point-location algorithms and spatial index structures fail to achieve either objective or both. This paper proposes …

Two-Echelon Repairable Item Inventory System With Limited Repair Capacity Under Nonstationary Demands, Hoong Chuin Lau, Huawei Song

Research Collection School Of Computing and Information Systems

We study a repairable item inventory system under limited repair capacity and nonstationary Poisson demands, motivated by corrective maintenance of military equipment. Our goal is to minimize the cost of both spare and repair resource allocation. We propose an efficient analytical model that combines optimization modeling and queuing theory.

Corrective Maintenance Optimization In An Air Force, Hoong Chuin Lau, K. Y. Neo, W. C. Wan

Research Collection School Of Computing and Information Systems

Successful military mission planning and execution depend critically on equipment serviceability and resupply. Due to the stochastic nature of demands, the forecast of optimal spares and resources needed to guarantee the level of serviceability is a complex problem, especially in a multi-echelon setting. In this paper, we propose a decision-support concept and software tool known as Corrective Maintenance Optimizer (CMO) that helps to optimize system availability, through proper allocation of spare parts, both strategically and operationally.

Job Scheduling With Unfixed Availability Constraints, Hoong Chuin Lau, C. Zhang

Research Collection School Of Computing and Information Systems

Standard scheduling theory assumes that all machines are continuously available throughout the planning horizon. In many manufacturing and service management situations however, machines need to be maintained periodically to prevent malfunctions. During the maintenance period, a machine is not available for processing jobs. Hence, a more realistic scheduling model should take into account machine maintenance activities. In this paper, we study the problem of job scheduling with unfixed availability constraints on a single machine. We first propose a preliminary classification for the scheduling problem with unfixed availability constraints based on maintenance constraints, job characteristics and objective function. We divide our …

Finding Constrained Frequent Episodes Using Minimal Occurrences, Xi Ma, Hwee Hwa Pang, Kian-Lee Tan

Research Collection School Of Computing and Information Systems

Recurrent combinations of events within an event sequence, known as episodes, often reveal useful information. Most of the proposed episode mining algorithms adopt an apriori-like approach that generates candidates and then calculates their support levels. Obviously, such an approach is computationally expensive. Moreover, those algorithms are capable of handling only a limited range of constraints. In this paper, we introduce two mining algorithms - episode prefix tree (EPT) and position pairs set (PPS) - based on a prefix-growth approach to overcome the above limitations. Both algorithms push constraints systematically into the mining process. Performance study shows that the proposed algorithms …

Logistics Network Design With Differentiated Delivery Lead Time: A Chemical Industry Case Study, Michelle Lee Fong Cheong, Rohit Bhatnagar, Stephen C. Graves

Research Collection School Of Computing and Information Systems

Most logistics network design models assume exogenous customer demand that is independent of the service time or level. This paper examines the benefits of segmenting demand according to lead-time sensitivity of customers. To capture lead-time sensitivity in the network design model, we use a facility grouping method to ensure that the different demand classes are satisfied on time. In addition, we perform a series of computational experiments to develop a set of managerial insights for the network design decision making process.

Accommodating Instance Heterogeneities In Database Integration, Ee Peng Lim, Roger Hsiang-Li Chiang

Research Collection School Of Computing and Information Systems

A complete data integration solution can be viewed as an iterative process that consists of three phases, namely analysis, derivation and evolution. The entire process is similar to a software development process with the target application being the derivation rules for the integrated databases. In many cases, data integration requires several iterations of refining the local-to-global database mapping rules before a stable set of rules can be obtained. In particular, the mapping rules, as well as the data model and query model for the integrated databases have to cope with poor data quality in local databases, ongoing local database updates …

A Periodic-Review Inventory Model With Application To The Continuous-Review Obsolescence Problem, Yuyue Song, Hoong Chuin Lau

Research Collection School Of Computing and Information Systems

In this paper we consider a stochastic-demand periodic-review inventory model with sudden obsolescence. We characterize the structure of the optimal policy and propose a dynamic programming algorithm for computing its parameters. We then utilize this algorithm to approximate the solution to the continuous-review sudden obsolescence problem with general obsolescence distribution. We prove convergence of our approximation scheme, and demonstrate it numerically against known closed-form solutions of special cases.

The Changing Political Economy Of Party Membership, Riccardo Pelizzo

Research Collection School of Social Sciences

A recent survey conducted in a sample of 83 countries by the Inter-Parliamentary Union in collaboration with the World Bank Institute on the “Relations between the Legislature and the Executive in the Context of Parliamentary Oversight” allows cross-national comparison for the role of legislatures in the budgetary process. One of the survey’s most significant indications is that legislatures in presidential systems are generally more involved in the preparation of the budget than legislatures in either parliamentary or semi-presidential systems. The picture, however, is very different when we look at legislatures’ oversight of the budget. Parliaments are generally more involved in …

Eradicating Footrot From Western Australia - A Farmer's Guide, Department Of Agriculture, Western Australia

Agriculture reports

Virulent footrot can occur on any farm in the medium to high rainfall zone. Persons who regularly buy and sell sheep take a greater risk, but even properties with a closed breeding flock are at risk from stray sheep. People often associate footrot with properties managed by inefficient farmers. This is a false belief. Many good farmers have found the disease in their sheep, including high profile studs. Footrot can strike anywhere and often without warning. It is important to remember that once it is found; getting to know and understand the disease will help you to beat it. A …

A 2 Ghz Bandpass Analog To Digital Delta-Sigma Modulator For Cdma Receivers With 79 Db Dynamic Range In 1.23 Mhz Bandwidth, Elias H. Dagher, Peter Stubberud, Wesley K. Masenten, Matteo Conta, Thang Victor Dinh

Electrical & Computer Engineering Faculty Research

This paper presents the design of a second-order single-bit analog-to-digital continuous-time delta-sigma modulator that can be used in wireless CDMA receivers. The continuous-time delta-sigma modulator samples at 2 GHz, consumes 18 mW at 1.8 V and has a 79-dB signal-to-noise ratio (SNR) over a 1.23-MHz bandwidth. The continuous-time delta-sigma modulator was fabricated in a 0.18- m 1-poly 6-metal, CMOS technology and has an active area of approximately 0.892 mm2 . The delta-sigma modulator's critical performance specifications are derived from the CDMA receiver specifications.

Inside Unlv, Cate Weeks, Carol C. Harter, Holly Ivy De Vore, Gian Galassi, Diane Russell

Inside UNLV

No abstract provided.

A Sidney Chronology 1554-1664, Priscilla Finley

Library Faculty Research

Brennan and Kinnamon present documented details about the literary, political, and personal history of members of the Sidney family, citing events noted in the Sidney family papers and other primary sources in this hundred-year calendar. The compilers augment archival materials with established secondary sources, and document sources of entries.

Mustang Daily, November 1, 2004

Cal Poly Student Newspaper

Student newspaper of California Polytechnic State University, San Luis Obispo, CA.

Elemental Principles Of T-Topos, Goro Kato

Mathematics

In this paper, a sheaf-theoretic approach toward fundamental problems in quantum physics is made. For example, the particle-wave duality depends upon whether or not a presheaf is evaluated at a specified object. The t-topos theoretic interpretations of double-slit interference, uncertainty principle(s), and the EPR-type non-locality are given. As will be explained, there are more than one type of uncertainty principle: the absolute uncertainty principle coming from the direct limit object corresponding to the refinements of coverings, the uncertainty coming from a micromorphism of shortest observable states, and the uncertainty of the observation image. A sheaf theoretic approach …

Guitar Ensembles & Friends, November 1, 2004, School Of Music

School of Music Programs

Kemp Recital Hall
Monday Evening
November 1, 2004
7:30 p.m.

Chart: Nh President 11/1/2004, Unh Survey Center

All UNH Survey Center Polls

Election: 2004

Chart: Nh Governor 11/1/2004, Unh Survey Center

All UNH Survey Center Polls

Election: 2004

Wmur / Unh New Hampshire Tracking Poll, Final 11/01/2004, Unh Survey Center

All UNH Survey Center Polls

The race for President in New Hampshire and the race for New Hampshire governor are too close to call. Election: 2004

Relaxation To Native Conformation Of A Bond-Fluctuating Protein Chain With Hydrophobic And Polar Nodes, Johan Bjursell, Ras B. Pandey

Faculty Publications

The conformation and dynamics of a protein chain with hydrophobic and polar nodes are examined by the bond-fluctuation model using Monte Carlo simulations on a cubic lattice. The minimal (nearest neighbor) interaction leads to standard (self-avoiding walk) conformation, i.e., the scaling of the radius of gyration R_g with the molecular weight N R_g ∝ N^γ with γ ≃ 3/5/ Specific interactions with longer range and higher strength are needed to approach the native globular conformations with γ < 3/5. Relaxation into the globular ground state shows a weak power-law decay, i.e., R_g ∝ t^-α, α ~ 0.06-0.12.

Law, Evolution, And The Brain: Applications And Open Questions, Owen D. Jones

Vanderbilt Law School Faculty Publications

This essay discusses several issues at the intersection of law and brain science. If focuses principally on ways in which an improved understanding of how evolutionary processes affect brain function and human behavior may improve law's ability to regulate behavior. It explores sample uses of such "evolutionary analysis in law" and also raises questions about how that analysis might be improved in the future. Among the discussed uses are: 1) clarifying cost-benefit analyses; 2) providing theoretical foundation and potential predictive power; 3) assessing comparative effectiveness of legal strategies; and 4) revealing deep patterns in legal architecture. Throughout, the essay emphasizes …